Supreme Court · 2008 INSC 204 · Decided 15 February 2008
Sher Singh & ANR. v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2008 INSC 204 · [2008] 2 S.C.R. 959
- Case number
- CRIMINAL APPEAL No. 646/2006
- Decided
- 15 February 2008
- Bench
- P.P. NAOLEKAR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 34; Evidence Act Section 32
Headnote
~ Evidence Act, 1872: s. 32 - Dying declaration - Admissibility of- Duty of court regarding - Certificate of doctor as to fit state of mind - Requirement of- Held: Court to ensure c that statement was not result of tutoring and also to ascertain from evidence that deceased was in fit state of mind that declarant was fit to make statement without doctor's opinion to that effect, it can be acted upon provided court ultimately holds the same to be D ~ voluntary and truthful- Certificate by doctor is essentially rule ; of caution and, therefore, voluntary and truthful nature of statement
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